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U.S. Judge Upholds Texas Cap on Medical Malpractice Awards

Texas consumers, and especially victims of medical malpractice received another blow this week when a federal appellate court judge ruled that the Texas “tort reform” bill of 2003 does not violate the U.S. Constitution. That law limits noneconomic damages in medical malpractice cases to $250,000. Noneconomic damages include pain and suffering, emotional distress, and loss of quality of life.

The argument that the law is unconstitutional was based on the allegation that the damage award limits violated the U.S. Constitution’s Fifth Amendment prohibition against the state taking private property not for public use and the Fourteenth Amendment’s due process clause.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

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